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Chatham residents Jack and Heather Tape have increasingly become more frustrated over the ordeal they continue to go through ever since human remains were discovered on this property Heather purchased last year on Stanley Ave. in Chatham, Ont. If it were to ever happen again, the couple freely admit they would cover the bones up and forget about them forever to avoid what has become a nightmare. Photo taken Sunday, Feb. 10, 2013, in Chatham, Ont. (ELLWOOD SHREVE, The Chatham Daily News)

If a Chatham couple was to ever discover human remains again on a property they own, they admit it's a secret they would keep buried – forever.

Jack Tape said told The Chatham Daily News: “Our conscience got the better of us” when they reported finding human remains on a property owned by his wife Heather.

Considering the ordeal they continue to go through, he said, “our common sense, now, tells us not to do it.”

Last year, Heather Tape purchased a residential property on Stanley Ave. in Chatham with the intent of constructing a new home to be an income property. However, construction came to an abrupt halt when human remains, pre-dating 1870, were unearthed while a foundation was being dug.

Since then, the Tapes have encountered a bureaucratic quagmire that has not only left them unable to move forward on completing construction; they also face a staggering financial burden to deal with the situation.

Their property – along with several other homes – is located where the St. Paul's Anglican church once stood until 1860, which included a cemetery.

According to regulations under the Cemeteries Act, the Tapes are responsible for paying the cost to deal with this situation, which could reach $100,000 for an archeological assessment along with possibly having to re-inter several other human remains believed to be buried on the property.

Bob Crawford, secretary of the Ontario Genealogical Society, told The Daily News the organization “considers the Ontario process to be wrong as it would encourage the public to hide the discovery of human remains in order to avoid the costs and delays involved.”

He added if this occurs it is “disrespectful to the memory of our ancestors.”

Crawford said the OGS has expressed their objection of this policy of making landowners pay these costs to the Registrar of Cemeteries and Crematoria.

The Registrar “has been told we don't think it's good, but it's a piece of legislation, that's the problem,” Crawford said.

He doesn't believe the policy is in the act, but in the regulations, which means it could be changed by the Minister of Consumer Services.

However, Crawford added: “It's never been high on their interest to do this.”

The Daily News contacted the Registrar of Cemeteries and Crematoria to ask how this policy came about.

According to Joshua Henry, strategic issues and media advisor with the Ministry of Consumer Services, the Cemeteries Act, introduced burial site duties and obligations similar to what is in place under the Funeral, Burial and Cremation Services Act, 2002.

The Daily News also asked why it is the responsibility of landowners to bear this cost, particularly if the human remains are very old and there may not have been any records indicating the bodies were buried there.

“Landowners are responsible for dealing with man-made or naturally occurring substances/objects on their property,” said Henry in an e-mail.

He noted the Registrar works with interested parties to seek assistance for the landowner in meeting the obligation under the act. This may include contacting universities and associations that may be interested in and able to provide assistance with an archeological assessment.

The Tapes have been trying to find a way to remedy the situation, but have run into roadblocks at both the municipal and provincial levels of government.

The Municipality of Chatham-Kent has offered some help, but neither side could reach an agreement. However, the municipality has made it clear it doesn't have any liability since it has never owned the property.

However, the Tapes argue the municipality does have a responsibility, because a municipal work crew discovered human remains near their property in 1999 when installing a waterline. The Tapes said if properties in the area had been red-flagged, they would have been told about this situation when they applied for a building permit.

Although St. Paul's church was located in the current boundaries of the Anglican Diocese of Huron, the diocese has stated it has no liability because the church burned down long before the diocese ever existed.

Meanwhile, the Tapes continue to wait for the Registrar of Cemeteries and Crematoria to take some kind of action.

Jack Tape said it is unbelievable how long this process has continued to drag on.

From the Tapes' experience, they don't believe any level of government wants to deal with this. Jack Tape said he's heard the same thing from several people in prominent positions.

He believes measures have been put on paper to try to appease the public.

“The bottom line is they don't want us to report (finding human remains), because they don't know how to deal with it,” Tape said.

The discovery of human remains occurs with some frequency across Ontario.

Henry said, “the number of reported burial site discoveries has increased over the years and can average 20 or more reported discoveries per year.”

The OGS is concerned that number will continue to grow, based on its research.

Crawford said they received data from the Registrar that there are more than 5,000 registered cemeteries in Ontario. He said two OGS volunteers, working with 34 OGS branches, have identified approximately 1,500 unregistered burial sites that range from a single person to several people.

The OGS is working to provide the Registrar with detailed information about these burial sites, so they can receive the same kind of protection under the act, he added.

“While far from done, this project is well on its way,” Crawford said.

He added the OGS believes one approach to this problem is to ask Ontario municipalities to mark these burial sites on their Official Plans so there are no excuses for overlooking them.

“We understand that some municipalities are considering this, but it is not a widespread thought,” Crawford said.